SURESH KUMAR KOUSHAL AND ANOTHER versus NAZ FOUNDATION AND OTHERS

SURESH KUMAR KOUSHAL AND ANOTHER versus NAZ FOUNDATION AND OTHERS

Section 377 IPC does not suffer from the vice of unconstitutionality. It does not criminalise any particular people or identity, but merely identifies certain acts constituting an offence. The factual foundation for declaring Section 377 ultra vires Articles 14, 15, and 21 is insufficient, and the High Court's basis for reading down Section 377 is unsustainable. The competent legislature remains free to consider revision, but the provision stands as constitutional.

Parties
Appellant: Suresh Kumar Koushal; Respondent: Naz Foundation; Respondent: Others
Jurisdiction
India
Judgment Date
11 December 2013
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal Against Delhi High Court Decision
Outcome
Appeal allowed; writ petition dismissed; impugned High Court order set aside
Legal Topics
Constitutionality of Section 377, Indian Penal Code, Classification Under Criminal Statutes, Right to Privacy, Presumption of Constitutionality, Doctrine of Severability
Constitutional Law Criminal Law Constitutionality of Section 377, Indian Penal Code Classification Under Criminal Statutes Right to Privacy Presumption of Constitutionality Doctrine of Severability

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Parties

Suresh Kumar Koushal

Appellant

Naz Foundation

Respondent

Others

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal Against Delhi High Court Decision

Legal Issues

  1. 1 Whether Section 377 IPC is unconstitutional due to arbitrariness, irrational classification, or violation of Articles 14, 15, and 21 of the Constitution
  2. 2 Whether Section 377 IPC penalizes private, consenting sexual acts between adults in violation of the right to privacy and dignity

Ratio Decidendi

Section 377 IPC does not suffer from the vice of unconstitutionality. It does not criminalise any particular people or identity, but merely identifies certain acts constituting an offence. The factual foundation for declaring Section 377 ultra vires Articles 14, 15, and 21 is insufficient, and the High Court's basis for reading down Section 377 is unsustainable. The competent legislature remains free to consider revision, but the provision stands as constitutional.

Court Disposition

Appeal allowed; writ petition dismissed; impugned High Court order set aside

Orders

  • Section 377 IPC does not suffer from constitutional infirmity
  • Competent legislature free to consider amendment or deletion of Section 377 IPC